Super Duper vs Mattel - Mattel Inc.
  1. 01 / How did this case come about?

    This case arose when Super Duper tried to register trademarks in the toy category that are very similar to Mattel's famous SEE 'N SAY and THE FARMER SAYS trademarks in that category. This case involved the protection of famous trademarks which Mattel has used for more than 40 years and which are registered in the United States Patent and Trademark Office.

  2. 02 / Who Sued Whom?

    Mattel did not sue Super Duper. Mattel’s goal was to find a reasonable resolution through procedures that the U.S. Patent and Trademark Office has in place to address such conflicts. In response, Super Duper filed suit against Mattel in South Carolina and requested a jury trial to decide the issue.

  3. 03 / Did Mattel claim exclusive right to the word “say”?

    No. Mattel did not claim the exclusive rights to use or to register the word "say" by itself at any time during the dispute with Super Duper.

  4. 04 / What about a Settlement?

    During the course of this dispute, Mattel presented several reasonable options to resolve this case outside the courtroom so that both companies could continue in the normal course of business without an expensive trial. Super Duper rejected all options and chose instead to take the case to trial.

  5. 05 / What did the jury determine?

    A jury in Super Duper's home state of South Carolina found that several of Super Duper's trademarks infringed Mattel's trademarks and that Super Duper had intentionally diluted Mattel’s famous trademarks.

  6. 06 / Does this verdict really affect Super Duper’s business?

    The jury's verdict protects Mattel's long-held rights in its famous See 'N Say trademark and does not threaten the viability of Super Duper's business, which the owners of Super Duper have said themselves. In fact, the Super Duper trademarks at issue represent less than 8 percent of Super Duper's sales, and the damages and attorneys’ fees awarded to Mattel represent less than 20 percent of Super Duper’s approximate annual revenue. Further, Super Duper can continue to sell the products at issue, as long as it uses trademarks that do not infringe or dilute Mattel’s trademarks.

  1. 07 / Will product be destroyed?

    In its ruling, the United States District Court issued an order requiring Super Duper to turn over products with infringing trademarks to Mattel. However, since Mattel has not received any products from Super Duper to-date and is not aware of Super Duper destroying any of its products with infringing trademarks in response to the Court's Order, it would be premature to speculate what Super Duper is doing with the products.

  2. 08 / Will Mattel donate any product it ultimately receives from Super Duper?

    When Mattel receives product from Super Duper, we would be receptive to discussing the possibility of a product donation.

    Mattel is dedicated to supporting children’s causes through our Mattel Children’s Foundation, and we proudly support the Special Olympics, Save the Children, National Association of Children’s Hospitals and Related Institutions (NACHRI), Children Affected by AIDS Foundation (CAAF), Mattel’s Children’s Hospital at UCLA and the Make-A-Wish Foundation.

  3. 09 / What is Mattel’s position on its intellectual property?

    Mattel takes its commitment to integrity and fairness in the marketplace very seriously and works hard to protect its business and intellectual property rights, such as trademarks.

    Mattel made every effort to settle this dispute on terms that would have been beneficial to both companies. Instead, Super Duper chose to seek a jury trial in South Carolina, and is now objecting to the verdict reached by a jury selected from its very own community.

    Mattel neither wanted nor sought a trial on this matter, though we are pleased the jury recognized that trademark rights had been infringed and intentionally diluted by Super Duper.



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